cgj1999
Badges: 8
Rep:
?
#1
Report Thread starter 1 month ago
#1
one of my submissions addresses the fact that D was not vulnerable, nor deceived.

I have a niche case - R v Rebelo - want to use it to distinguish the fact that A person who engages with heroin is not vulnerable, whereas someone (V in Rebelo) who engages with a supplement that is falsely advertised to be safe is vulnerable since they have been deceived.

HOW DO I CITE R v Rebelo - when all that is published are sentencing remarks in a central criminal court

(first year student )
0
reply
Mazza-G
Badges: 12
Rep:
?
#2
Report 1 month ago
#2
(Original post by cgj1999)
one of my submissions addresses the fact that D was not vulnerable, nor deceived.

I have a niche case - R v Rebelo - want to use it to distinguish the fact that A person who engages with heroin is not vulnerable, whereas someone (V in Rebelo) who engages with a supplement that is falsely advertised to be safe is vulnerable since they have been deceived.

HOW DO I CITE R v Rebelo - when all that is published are sentencing remarks in a central criminal court

(first year student )
Hello, fellow mooter!

That is a tough one. I once cited an American case for the postal rule to distinguish something and the judges liked it, so glad you're not afraid to use more resources. In my opinion, if you cannot find this case anywhere (and I trust you looked), maybe see if it was cited anywhere at all? Failing that, try to find at least some way of identifying it, have it printed/emailed when you are about to do the moot and then (this is what I would do, I am not to be held liable ) state to the judges that whilst this authority has not been fully documented, upon finding it you consider it to be useful in the current case at hand. Bearing that in mind, Your Honour/Lordships, I would like to use this case to merely illustrate a point and to persuade you. Maybe that will please them as you have flagged up that you are aware it's not a binding authority case, and you are in a sticky situation of not finding it anywhere, but you are telling them why they should spend the next few minutes to be listening to you talking about it.

Hope that helps, good luck!
0
reply
cgj1999
Badges: 8
Rep:
?
#3
Report Thread starter 1 month ago
#3
(Original post by Mazza-G)
Hello, fellow mooter!

That is a tough one. I once cited an American case for the postal rule to distinguish something and the judges liked it, so glad you're not afraid to use more resources. In my opinion, if you cannot find this case anywhere (and I trust you looked), maybe see if it was cited anywhere at all? Failing that, try to find at least some way of identifying it, have it printed/emailed when you are about to do the moot and then (this is what I would do, I am not to be held liable ) state to the judges that whilst this authority has not been fully documented, upon finding it you consider it to be useful in the current case at hand. Bearing that in mind, Your Honour/Lordships, I would like to use this case to merely illustrate a point and to persuade you. Maybe that will please them as you have flagged up that you are aware it's not a binding authority case, and you are in a sticky situation of not finding it anywhere, but you are telling them why they should spend the next few minutes to be listening to you talking about it.

Hope that helps, good luck!
Thanks - really appreciate the feedback. Im a novice at mooting so I do appreciate the kind words. Just to be clear, you don't want me to cite it in the skeleton ? Just wondering is there a risk ill be docked points referencing a case non-included in the skeleton?

My only point of reference is a sentencing remarks pdf for judiciary.uk

How would I cite it? - via link ? or Case/ Year/ court?
0
reply
Mazza-G
Badges: 12
Rep:
?
#4
Report 1 month ago
#4
(Original post by cgj1999)
Thanks - really appreciate the feedback. Im a novice at mooting so I do appreciate the kind words. Just to be clear, you don't want me to cite it in the skeleton ? Just wondering is there a risk ill be docked points referencing a case non-included in the skeleton?

My only point of reference is a sentencing remarks pdf for judiciary.uk

How would I cite it? - via link ? or Case/ Year/ court?
You are most welcome, glad I could be of some assistance. Sorry I took time to reply, I didn't get a notification. I tried looking it up on google and on Lexis + Westlaw. Google seems to have given me a citation, but I am not sure why it doesn't come up anywhere. Anyway, have it for reference just in case: [2019] EWCA Crim 633. If you type the case R v Rebelo into Google, the second result is a CV of a QC, and the citation of the case is in bold. I would include it in the skeleton after the submission (or however you cite cases in your skeleton, depends on how they've taught you) and just explain the caveat with only having the sentencing remarks as opposed to the judgment. It doesn't appear as though the case was cited anywhere else, and I suppose it's unique in itself with the DNP powder etc., so there probably aren't similar cases you could use. But that is not to say you cannot try to do a keyword or a free text search on Westlaw (or Lexis). I had to do a moot on TV licensing in my 2nd year and that function saved me time and nerves, so I'd search for whatever you need in there (medications/supplements/manslaughter etc.) and see what comes up. But otherwise, just make the position clear to the judge that you are using this case to illustrate and due to limited reports you found you are merely persuading.
0
reply
X

Quick Reply

Attached files
Write a reply...
Reply
new posts
Back
to top
Latest
My Feed

See more of what you like on
The Student Room

You can personalise what you see on TSR. Tell us a little about yourself to get started.

Personalise

Do you have the space and resources you need to succeed in home learning?

Yes I have everything I need (195)
57.86%
I don't have everything I need (142)
42.14%

Watched Threads

View All